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HomeMy WebLinkAbout2018-06-12; City Council; MinutesCITY COUNCIL June 12, 2018, 6 p.m. CALL TO ORDER: 6:00 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ROLL CALL: M. Hall, K. Blackburn, M. Schumacher C. Schumacher. M. Packard -Absent. ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced Council is serving as the Carlsbad Municipal Water District Board of Directors, Public Financing Authority and Community Development Commission for Public Hearing Item No. 13. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held April 10, 2018. Minutes of the Regular Meeting held April 24, 2018. Minutes of the Special Meeting held May 22, 2018. Minutes of the Special Meeting held May 31, 2018. Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to approve the minutes as presented. Motion carried, 4/0/1 (M. Packard -Absent). PRESENTATION: Proclamation in recognition of Historic Preservation Month and 3rd Grade Art Presentation. Mayor Pro Tern Blackburn presented the Proclamation to Historic Preservation Commission Member Laurie Boone. Members of the Commission presented certificates to the 3rd Grade Art contest winners. RECESS: Mayor Hall declared a recess at 6:11 p.m. Mayor Hall reconvened the meeting at 6:17 p.m. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: No reportable action. PUBLIC COMMENT: Julie Peebles, representing RON PAS, expressed concerns relating to the use of the Monroe Street Pool. Robert Wilkinson provided information ( on file in the Office of the City Clerk) relating to the Village and Barrio Master Plan and suggested recommendations for changes. June 12, 2018 Carlsbad City Council Regular Meeting Page 2 CONSENT CALENDAR: ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1 and 3, 4 and 6 -10. Motion carried, 4/0/1 (M. Packard - Absent). 1. REPORT ON CITY INVESTMENTS -Acceptance of report on City Investments as of April 30, 2018. (Staff contact: Nancy Sullivan, Administrative Services) This item was pulled for discussion. 2. ANNUAL REPORT OF INVESTMENT PORTFOLIO AS OF JUNE 30, 2017 -Acceptance of Annual Report of Investment Portfolio as of Fiscal Year ended June 30, 2017. (Contact: Craig Lindholm, City Treasurer) 3. SET PUBLIC HEARING FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1-Adoption of Resolution No. 2018-084 initiating the proceedings, approving the preliminary engineer's report for Fiscal Year 2018-19 and setting a public hearing for July 10, 2018, for the Annual Levy of Assessments within Lighting and Landscaping District No. 1, a special assessment district. (Staff contact: Roxanne Muhlmeister, Administrative Services) 4. SET PUBLIC HEARING FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 -Adoption of Resolution No. 2018-085 initiating the proceedings, approving the preliminary engineer's report for Fiscal Year 2018-19 and setting a public hearing for July 10, 2018, for the Annual Levy of Assessments within Lighting and Landscaping District No. 2, a special assessment district. (Staff contact: Roxanne Muhlmeister, Administrative Services) This item was pulled for discussion. 5. RESOLUTION OF SUPPORT FOR THE FEDERAL GOVERNMENT'S OPPOSITION TO CALIFORNIA'S "SANCTUARY STATE" LAWS -Adoption of a Resolution expressing support for the Federal opposition to California's "Sanctuary State" laws, including Assembly Bill 450, Assembly Bill 103 and Senate Bill 54 (The California Values Act); and authorizing the filing or joining of an amicus curiae brief on behalf of the City in support of the United States upon appeal of the lawsuit -United States of America v. California. (Staff Contact: Jason Haber, City Manager's Office) 6. AUTHORIZE AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC. CASE NAME: SHOPPES AT CARLSBAD -Adoption of Resolution No. 2018-087 granting an easement to San Diego Gas and Electric over a portion of Lot 9 of Map 8956, generally described as the parking lot for the Shoppes at Carlsbad Shopping Center, Case No. SDP09-04. (Staff contact: Kyrenne Chua, Community & Economic Development) 7. MUTUAL THREAT ZONE COOPERATIVE FIRE PROTECTION AGREEMENT -Adoption of Resolution No. 2018-088 approving the Mutual Threat Zone Cooperative Fire Protection (MTZ) Agreement between the Carlsbad Fire Department and California Department of Forestry and Fire Protection -San Diego Unit (Cal Fire); and authorizing the Fire Chief, on behalf of the City, to execute the MTZ with Cal Fire. (Staff contact: Mike Davis, Fire Department) June 12, 2018 Carlsbad City Council Regular Meeting Page 3 8. MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS - Adoption of Resolution No. 2018-089 authorizing the Mayor to execute a Memorandum of Understanding between the San Diego Association of Governments (SAN DAG) and the City of Carlsbad, regarding the Regional Shoreline Monitoring Program. (Staff contact: Kyle Lancaster, Parks & Recreation) 9. AWARD OF CONTRACT TO K.C. EQUIPMENT, INC. FOR CONSTRUCTION OF 2018 CONCRETE REPLACEMENT -Adoption of Resolution No. 2018-090 accepting bids and awarding a contract to K.C. Equipment, Inc. for an amount not to exceed $498,828 for the construction of the 2018 Concrete Replacement, Project No. 6013-18. (Staff contact: Emad Elias, Public Works) 10. SAN DIEGO FOUNDATION MITIGATION ENDOWMENT FUND AGREEMENT -Adoption of Resolution No. 2018-091 authorizing execution of the San Diego Foundation Mitigation Endowment Fund Agreement and transfer of existing funds from the General Fund into the Endowment Fund for long-term management of the Poinsettia Station Vernal Pool Preserve. (Staff contact: Rosanne Humphrey, Public Works) This item was pulled for discussion. 11. MASTER PURCHASE AGREEMENT WITH TRAFFICWARE GROUP, INC. -Adoption of a Resolution authorizing execution of a Master Purchase Agreement with Trafficware Group, Inc. for an amount not to exceed $2,500,000 for the procurement of traffic signal equipment for the Adaptive Traffic Signal Program, Project No. 6326, and appropriation of funds in the amount of $1,150,000. (Staff contact: Doug Bilse, Public Works) CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION: This item was pulled for discussion by Council Member C. Schumacher. 2. ANNUAL REPORT OF INVESTMENT PORTFOLIO AS OF JUNE 30, 2017 -Acceptance of Annual Report of Investment Portfolio as of Fiscal Year ended June 30, 2017. (Contact: Craig Lindholm, City Treasurer) Council Member C. Schumacher made the following comment for the record relating to the fiscal year 17-18 preview and in response to "backdrop of terrorist activities places constraints on economic growth." Council Member C. Schumacher further stated "I am watching the January tariffs on solar panels and washing machines, the June 2018 25% tariffs on imports of steel and 10% tariffs on aluminum which Morgan Stanley has estimated will equate to 4.1% of U.S. imports and how these future tariffs on autos might actually impact the investments of the City and the sales taxes of the City." ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to accept the Annual Report of Investment. Motion carried, 4/0/1 (M. Packard -Absent). June 12, 2018 Carlsbad City Council Regular Meeting Page 4 This item was pulled for discussion. 5. RESOLUTION OF SUPPORT FOR THE FEDERAL GOVERNMENT'S OPPOSITION TO CALIFORNIA'S "SANCTUARY STATE" LAWS -Adoption of Resolution No. 2018-086 expressing support for the Federal opposition to California's "Sanctuary State" laws, including Assembly Bill 450, Assembly Bill 103 and Senate Bill 54 (The California Values Act); and authorizing the filing or joining of an amicus curiae brief on behalf of the City in support of the United States upon appeal of the lawsuit -United States of America v. California. (Staff Contact: Jason Haber, City Manager's Office) Assistant to the City Manager Jason Haber provided an overview of the staff report. Speakers opposed to proposed resolution: Laura Drelleshak representing a group (Lisa McKethan and Simon Angel); Vicky Syage representing a group (Jan Neff-Sinclair and Hope Nelson); Bill Fowler; Patricia Amador; Lela Panagides; Paula 1/escas; Susy Morales; Marcie Grube; Julie Ajdour; Richard Schlemmer; Tl Childs; Cristina Garcia; Leticia Cazares; Steve Schaefer; Ann Force; Liz Myers-Chamberlin; Gretta Schmidt; Corinna Contreras; Karen Abrams; Audrey Critchlow; Melina Nieto; Michele Mandujino; Mary Anne Viney; Diana Bailon; Ken Dalpe; Barbara Meade. Submitted a speaker card in opposition to proposed resolution but did not speak: Coleen Maas; Elaine Kratt; Sue Igoe; Diana Ricker. Speakers in support of proposed resolution: Saundra Cima; Bill Sheffler. Council Member C. Schumacher spoke in opposition to the resolution. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-086. Motion carried, 3/1/1 (C. Schumacher-No; M. Packard - Absent). RECESS: Mayor Hall declared a recess at 8:07 p.m. Mayor Hall reconvened the meeting at 8:15 p.m. This item was pulled for discussion. 11. MASTER PURCHASE AGREEMENT WITH TRAFFICWARE GROUP, INC. -Adoption of Resolution No. 2018-092 authorizing execution of a Master Purchase Agreement with Trafficware Group, Inc. for an amount not to exceed $2,500,000 for the procurement of traffic signal equipment for the Adaptive Traffic Signal Program, Project No. 6326, and appropriation of funds in the amount of $1,150,000. (Staff contact: Doug Bilse, Public Works) Michael Kenney representing McCain, Inc. expressed concerns relating to the contract amount. Mehdi Sarram expressed concerns relating to traffic light timing and the amount of emissions that result from cars idling at traffic signals. June 12, 2018 Carlsbad City Council Regular Meeting Page 5 Transportation Director Marshall Plantz presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk}. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-092. Motion carried, 4/0/1 (M. Packard -Absent}. ORDINANCES FOR INTRODUCTION: 12. ORDINANCE ADDING CHAPTER 11.46 -TEMPORARY RESTRICTIONS ON PUBLIC PROPERTY TO THE CARLSBAD MUNICIPAL CODE -Introduction of Ordinance No. CS-332 adding Chapter 11.46 (Temporary Restrictions on Public Property} to Title 11 of the Carlsbad Municipal Code to authorize temporary restrictions during certain events where it is reasonably anticipated that conflict or non-peaceful behavior may occur. (Staff contact: Cindy Anderson, Police Department} City Manager's Recommendation: Introduce the Ordinance. Police Captain Mickey Williams presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk}. Council Member C. Schumacher expressed concerns relating to prohibiting political statements and requested that Section 11.46.015 B. 2 in the ordinance be removed. Motion to introduce ordinance as amended failed due to lack of a second. City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to introduce Ordinance No. CS-332. Motion carried, 3/1/1 (C. Schumacher -No; M. Packard -Absent}. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: 13. FISCAL YEAR 2018-19 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS - Adoption of City Council Resolution No. 2018-093 approving the Final Operating Budget and Capital Improvement Program for Fiscal Year 2018-19 for the City of Carlsbad and establishing controls on changes in appropriations for the various funds; and Adoption of Carlsbad Municipal Water District Resolution No. 1596 approving the Water District Final Operating Budget and Capital Improvement Program for Fiscal Year 2018-19; and Adoption of Community Development Commission Resolution No. 541 approving the Operating Budget of the Carlsbad Housing Authority for Fiscal Year 2018-19; and Adoption of City Council Resolution No. 2018-094, acting as Successor Agency for the Carlsbad Redevelopment Agency, approving the Operating Budget of the Successor Agency and Enforceable Obligations of the City of Carlsbad's Redevelopment Obligation Retirement Fund for Fiscal Year 2018-19; and June 12, 2018 Carlsbad City Council Regular Meeting Page 6 Adoption of City Council Resolution No. 2018-095 establishing the 2018-19 appropriation limit as required by Article XIIIB of the California State Constitution and State Law; and Adoption of City Council Resolution 2018-096 approving changes to the Master Fee Schedule; and Adoption of City Council Resolution No. 2018-097 determining that the FY 2018-19 Capital Improvement Program Budget is consistent with the General Plan and applicable Climate Action Plan measures and actions; and Adoption of City Council Resolution No. 2018-098 approving the FY 2018-19 Operating and Capital Budgets of the Encina Wastewater Authority; and Adoption of City Council Resolution No. 2018-099 approving adjustments to the FY 2017-18 Capital Improvement Program and Operating Budget; and Adoption of Community Development Commission Resolution No. 542 adjusting the Operating Budget of the Carlsbad Housing Authority for Fiscal Year 2017-18. (Staff contact: Helga Stover, Administrative Services) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolutions. Administrative Services Director Chuck McBride and Budget Manager Helga Stover presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 8:58 p.m. John Gama, representing a group, reviewed a PowerPoint presentation (on file in the Office of the City Clerk) and requested that Council pursue a park in coastal southern Carlsbad. Lance Schulte, representing a group, presented a PowerPoint presentation ( on file in the Office of the City Clerk) requested that the Council have a public discussion relating to the park issue in coastal South Carlsbad. Mary Lucid spoke in support of more programs at the Senior Center. Ben Churchill, Superintendent of Carlsbad Unified School District, thanked Council for prioritizing safety in schools with the School Resource Officer program. Jean Camp spoke in support of a park in coastal south Carlsbad. Farhad Sharifi spoke in support of thoughtful development of coastal south Carlsbad. Barbara Oeting also spoke in support of thoughtful development of coastal south Carlsbad. Suzanne Berger spoke in support of a park in South Carlsbad. Liam Ferguson spoke in support of a park in the Ponto area. Mayor Hall closed the duly noticed Public Hearing at 9:37 p.m. June 12, 2018 Carlsbad City Council Regular Meeting Page 7 MINUTE MOTION ACTION: On a motion by Council Member C. Schumacher, seconded by Mayor Pro Tern Blackburn, Council approved Program Option No. 1 to pay down a portion of the California Public Employees' Retirement System (CalPERS) Unfunded Liability in the amount of $11 million in Fiscal Year 2017-18. Motion carried -4/0/1 (M. Packard -Absent). MINUTE MOTION ACTION: On a motion by Mayor Pro Tern Blackburn, seconded by Council Member C. Schumacher, Council approved Program Option No. 2 to add a School Resource Officer position to the Police Department. Motion carried -4/0/1 (M. Packard -Absent). MINUTE MOTION ACTION: On a motion by Council Member C. Schumacher, seconded by Council Member M. Schumacher, to direct staff to return with a future agenda item relating to Village Intelligent Parking and the Parking Management Plan. Motion carried -4/0/1 (M. Packard -Absent). ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt City Council Resolution No. 2018-093, CMWD Resolution No. 1596, CDC Resolution No. 541, City Council Resolution Nos. 2018-094, 2018-095, 2018-096, 2018-097, 2018-098, 2018-099 and CDC Resolution No. 542. Motion carried, 4/0/1 (M. Packard -Absent). 14. CARLSBAD TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2018-19 TO 2022-23 -Adoption of Resolution No. 2018-100 approving the Carlsbad Transnet Local Street Improvement Program of Projects for Fiscal Years 2018-19 to 2022-23 for inclusion in the 2018 San Diego Association of Governments Regional Transportation Improvement Program. (Staff contact: Jonathan Schauble, Public Works) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolution. Transportation Director Marshall Plantz and Associate Engineer Jonathan Schauble presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 10:20 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 10:20 p.m. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-100. Motion carried, 4/0/1 (M. Packard -Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: 15. MICROGRID FEASIBILITY STUDY FOR CARLSBAD PUBLIC SAFETY AND SERVICE CENTER COMPLEX -Receive the presentation of an Integrated Demand Side Management Microgrid Feasibility Study for the Carlsbad Public Safety and Service Center complex. (Staff contact: Michael Grim, Public Works) City Manager's Recommendation: Receive the presentation. June 12, 2018 Carlsbad City Council Regular Meeting Page 8 Senior Program Manager Mike Grim and Environmental Manager James Wood along with Consultant Ramon Yll-prous of TRC Solutions presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). ACTION: Council received the presentation. 16. CITY MANAGER EMPLOYMENT AGREEMENT -Adoption of Resolution No. 2018-101 approving the employment agreement of Scott Chadwick as City Manager. (Staff contact: Celia Brewer, City Attorney) City Manager's Recommendation: Adopt the Resolution. Mayor Hall announced that pursuant to Government Code Section 54953 final approval of the City Manager's contract will include salary, car allowance and deferred compensation in the amount of $326,081. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No 2018-101. Motion carried, 4/0/1 (M. Packard -Absent). COUNCIL REPORTS AND COMMENTS: Mayor Pro Hall and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Meeting was adjourned at 10:43 p.m. Sheila R. Cobian, CMC City Clerk Services Manager